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Business Name - How To Pick One From A Legal Perspective

Posted on December 14, 2021 by Manuel Yoon

A company name can be a big factor in the ultimate success or failure of the thing. Unfortunately, lots of folks don't provide a whole lot of thought to it before moving forward. There are several elements to think about including something memorable, a name associated with your field of work and, possibly, the availability of the domain name.


Picking a company name is like getting married. You're going to have to stay with it until the bitter end. It's estimated a prospect will have to see your advertising and company name at least 22 days before doing business with you. As soon as they associate your company with a specific title, making a change will be catastrophic. As soon as you pick something, stick with it.

Organizing Your Company

If you will be married to your company name, you will need to be certain that the bride is not already married to another suitor. There are four significant issues to consider.

Initially, you must decide whether the name is currently being used in your state. The Secretary of State controls the names of corporations, LLCs and partnerships. Most also have a web site where you are able to conduct name searches. Even if you're a sole proprietor, you should check the name against those registered in the country database. If the title is being used, you'll have to take into account an alternative.

Assuming the title passed should with the Secretary of State, you should check it from present trademarks file with the Patent and Trademark Office. The"PTO" maintains an internet database. Like the Secretary of State, it is possible to conduct an internet search to be certain no other company is using it.

In this era, many companies incorporate a web site as part of their business model. If you're in this boat, you want to check to find out if the company name is available as a domain name. If it's, you should register it instantly. If not, you may either change your company name again or concentrate on a domain name comprising your product or service rather than the company name.

Preventing Problems

You company could be ruined if you don't take these precautionary measures. Imagine the negative impact on your company if the name needs to be changed three years down the road. Have a breath before you pick a business name. Like a spouse, it could be either a good or bad option.